Pacer Privacy Policy

Introduction

Please read this Privacy Policy carefully, as your access to and use of the Services signifies that you have read, understand and agree to all terms within this Privacy Policy. If you do not agree with any part of this Privacy Policy or our Terms, please do not access or continue to use any of the Services or otherwise submit your Personal Data to us.

This document is intended to clearly outline the data and privacy practices of Pacer Health, Inc. (“Pacer”). Pacer is the Pacer mobile applications for iOS and Android (“Mobile App”), the Pacer for Teams corporate fitness challenge platform (“Teams”), and the mypacer.com website (“Website”) and all subdomains. We collectively refer to these as the “Services in this document.

This policy was written in English. To the extent a translated version exists and that version conflicts with the English version, the English version controls.

Pacer reserves the right to modify this Privacy Policy at any time as our Services change. If Pacer makes changes to this Privacy Policy, the updated Privacy Policy will be posted on the Services in a timely manner. This policy will always be posted within the Mobile App and on the Website. If we make material changes, we will provide a prominent notice.

This policy was last updated on 03/24/2021.

Important Notice Regarding your Google Fit Data

Pacer’s use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Important Notice Regarding your Apple Health Data

User data collected from Apple Health will never be used for marketing or advertising purposes.

Data Transfer

BY USING THE SERVICES, YOU CONSENT TO THE COLLECTION, USE AND TRANSFER OF YOUR PERSONAL DATA FOR PROCESSING IN THE UNITED STATES.

The Services are hosted on servers in the United States. By using the Services and providing information to us, you consent to the transfer to and processing of the information in the United States. We use this consent as the legal ground for that data transfer unless stated otherwise.

If you are located outside of the United States, please be aware that information we collect will be processed and stored in the United States, a jurisdiction in which the data protection and privacy laws and principles may differ from the country or region where you reside or of which you are a citizen.

What Information Do We Collect

Pacer collects information about you, including information that directly or indirectly identifies you if you choose to share it with Pacer. We receive information when you choose to use our services. We also collect information about how you use our Services. You also have other opportunities to share information with us.

For example:

Account, Profile and Contact Information

We collect basic account information such as your display name, year of birth, birthdate in some cases, email, and password to secure your account and provide you with access to the Services.

We collect other profile information such as your profile picture, profile description and your region or country.

If you purchase a physical item from us that requires fulfillment, we will also collect fulfillment information such as your name, phone number, billing address, and shipping address so that we can fulfill your order and contact you about fulfillment issues.

We will also use your email or other contact information that you provide to us if you contact us about support issues or sales inquiries.

Fitness and Wellness Data

Fitness and wellness data includes data that you provide to us about your fitness habits, fitness and wellness goals, body and vitals measurements like body weight, BMI, height, gender, blood pressure, heart rate, step length and exercise activities.

It also includes data that is imported or ingested from your connected devices’ sensors when using the Services including step counts, accelerometer readings, barometer readings, and location sensor readings that include GPS coordinates, timestamps, elevation, speed and bearing.

We collect this data in order to provide the Services to you including reporting and analytics, fitness and nutrition recommendations, participation in online challenges and races, and product and feature recommendations.

Data from Devices and Third-Party Accounts & Services

We also collect Personal Data, including Fitness and Wellness Data when you connect a device or service that integrates with the Services, such as other fitness tracking devices or apps. We may also collect certain information about the device or product such as make, model, and identifying number provided by the device manufacturer.

If you access the Services with Third-Party Account Logins such as Facebook, Apple or Google, we will collect information that you have agreed to make available such as your name and email address. This information is provided to Pacer under the privacy policies of the Third-Party Account. You can control the information that Pacer receives by adjusting the privacy controls in your Third-Party Account.

Note on Google Fit Data

Pacer’s use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Note on Apple HealthKit Data

Your data collected from Apple Health will never be used for marketing or advertising purposes.

Location Data

We collect and process location information when you sign up for and use the Services. By default, we do not track your location while you are not using Pacer, but in order to use some of the Services it is necessary for us to track your device location while you are using the Services.

If you would like to stop device location tracking, you may do so at any time by adjusting your device settings.

Content that You Share on Our Platform

We gather information from the photos, posts, comments, likes, ratings, routes, reviews, and other content you share on the Services.

Contacts and Friends Lists

You may choose to give Pacer access to your mobile device’s contacts information or Facebook friends list for the purpose of finding your contacts on Pacer. We collect this information only with your explicit consent, and you may remove that consent at any time from your device privacy settings or Facebook settings. We do not retain this information on our servers.

Payment Information

When you make a payment to Pacer, you may provide payment information such as your payment card or other payment details. We use Payment Card Industry compliant third-party payment services and we do not store your credit card information.

Technical Information and Logs

When you use our Services we collect technical information from your browser, computer, or mobile device. This technical information includes device information, cookies, log files and analytics information.

The Services use logs to protect and secure the Services and analyze aggregate usage trends for the purpose of product improvement.

The information stored in these logs includes IP addresses, browser type, internet service provider (ISP), referring/exit pages, platform type and version, timestamps with timezones, device screen size, system settings like preferred language/locale, technical performance metrics such as network, energy and memory usage, details about technical exceptions and crashes, and product usage data such as time spent on pages and button clicks or taps. Logs can be linked to session IDs, Pacer account IDs and device identifiers.

Other Information

We may collect information from you through third-parties, such as when we collect your feedback through surveys or market research.


Important Notice Regarding Children

You must be at least 16 years of age to use our Services. We do not knowingly collect any data from individuals under 16. If we become aware that an individual under 16 has provided us with Personal Data, we will remove that information and delete that individual’s account.

How Do We Use Your Information?

Pacer uses the information we collect as follows below.

To provide the Services

We use the information we collect and receive to provide the Services. This includes health and wellness data tracking, location tracking for outdoor activities, presentation of your health and wellness data in historical trends and relative to other users, guided fitness programs, participation in our online virtual challenges and races, and participation in our online community.

To provide recommendations

We use the information we collect about you, your followers, and your activities to make recommendations to you while you are using our services. For example, we may recommend workout programs, other Pacer members to follow, routes to explore, groups to join, or new challenges to enter.

To protect you and the Services

We use the information we collect to enforce our Terms of Service and Community Standards, and to protect you and the Services from malicious behavior.

To improve the Services

We use the information we collect to improve the Services. This includes a thorough analysis of product usage and technical logs.

To communicate with you by email

We use the information we collect to provide support in response to your customer support requests or sales inquiries.

We may also, with your consent, send you push notifications or emails that are promotional in nature. You must opt in to join our email list, and you can opt out at any time by clicking or tapping the unsubscribe button at the bottom of each email communication.

To communicate with you by push notification

We use the information we collect to send push notifications to your registered devices if you provide permission to do so. Notifications may be promotional in nature. You may revoke our permission to send you push notifications at any time from your device settings. The Pacer settings also provide fine-tuned notification preferences if you wish to turn on or off only some types of notifications.

To process your subscription

We use the information we collect to process your subscription.

To create aggregated data for use in the Services

We use the information we collect to create aggregated and anonymized data for use in the Services.

This includes our “Benchmarks” feature which allows you to compare your daily activity levels to general demographic populations grouped by age, gender, geographic region and BMI.

This also includes our “Routes” feature, which combines GPS routes submitted by users with publicly shared GPS tracks to create a database of the most-used walking, running and hiking routes in each area.

How Do We Share Your Information?

Pacer shares the information we collect in the following ways.

For Displaying Personalized Advertising

Pacer displays advertisements within our Mobile app. These advertisements are served by third-party ads networks. You may opt out of personalized advertising from Pacer from the Mobile App privacy settings. You may also opt out of personalized advertising entirely within the operating system settings of your mobile device.

Pacer Premium members are not shown advertisements and therefore are opt-ed out personalized advertising automatically.

For Troubleshooting and Diagnostics

Pacer collects usage logs, crash logs and system information for the purposes of resolving customer support technical issues, identifying technical errors, and profiling our products’ performance for things like battery, cpu, and network usage. Pacer may use third-party providers to collect and analyze these data. You may opt out of sharing troubleshooting and diagnostic information from the Pacer privacy settings.

For Improving Our Services

Pacer collects product usage logs such as sessions, page views, entry/exit pages, time spent on pages, and button clicks and taps for the purpose of analyzing usage behavior and improving our services. Pacer may utilize third-party providers to collect and analyze these data. You may opt out of sharing these logs from the Pacer privacy settings.

When You Connect to a Third-Party Service via API or other Integration

If you choose to connect your Pacer account to a third-party service such as MyFitnessPal, Apple Health, Google Fit or other third-party services or developers, Pacer will share data with these parties. You will be asked for your consent when you connect to these services, and you may revoke that consent at any time by disconnecting from these services.

When You Participate in the Pacer Community or Share Publicly

By default your Pacer profile is public. Your profile includes your display name, profile picture, your bio, your region or country, and your followers and following list.

If you choose to join Pacer Groups or Challenges, your basic profile information such as display name, profile image, and region will be visible to other Pacer users and in some cases on our website. Your challenge progress will also be visible to other Pacer members.

If you post images, notes, comments, likes, GPS activities or check-ins to the Feed or a Group, it will be visible to other Pacer users.

When You Join a Pacer for Teams Organization

If you choose to join a Pacer for Teams Organization, the administrator(s) of your organization will be able to see some of your information such as display name, email address, and daily exercise summaries. You may revoke this access by removing yourself from the organization in question.

In the Event of a Sale of Our Business

If Pacer becomes involved in a business combination, securities offering, bankruptcy, reorganization, dissolution or other similar transaction, we may share or transfer your information in connection with such a transaction.

Legal Requirements

We share your information with law enforcement, public or governmental agencies, or private litigants, within or outside your country of residence, if we determine that such disclosure is allowed by the law and reasonably necessary to comply with legal or regulatory processes including to respond to court orders, warrants, or subpoenas.

We may also disclose your information if we determine that this is reasonably necessary or appropriate to prevent any person from death or serious bodily injury, to address issues of national security or other issues of public importance, to prevent or detect violations of our Terms of Service or fraud or abuse of Pacer or its members, or to protect our operations or our property or other legal rights, including by disclosure to our legal counsel and other consultants and third parties in connection with actual or potential litigation.

Legal Basis for Processing

This section addresses the legal basis for processing your data if you reside outside the United States (within the United States, you typically provide consent when you receive notice of this Privacy Policy in a website link or mobile app). Some processing is addressed in multiple sections because more than one legal basis may apply depending on the circumstances or service.

For the purposes of applicable data protection laws, Pacer Health, Inc. is the controller of the Personal Data you provide to us (“Data Controller”). As a Data Controller, we process the Personal Data we maintain about you in accordance with this Privacy Policy. If you have any questions or concerns regarding the processing of your Personal Data, or if you have questions regarding this Privacy Policy, please see how to contact us at the end of this document.

We collect and process your Personal Data for a variety of purposes outlined in this Privacy Policy. In certain cases, separate consent is not required, including:

For the Performance of a Contract

To perform our contractual obligations to you in connection with the Services, including but not limited to account registration, fulfilling purchases you have made via the Services (including the processing of payment), contacting you in relation to any issues with the Services, when you use or interact with a wearable or other connected device and in relation to location-based Services (including to provide you geographically relevant Services), to connect you with friends across platforms, share content or achievements, or invite friends, when you ask us to customize our Services, where we need to collect Personal Data from third-party sources and when you access third-party products and services, where we collect data from third parties or publicly-available sources, or to aggregate and centralize data for the performance of the Services.

To Meet Legal Obligations

To comply with laws, regulations, court orders, or other legal obligations or to assist in an investigation.

For Legitimate Interests

To operate our business and provide the Services, other than in performing our contractual obligations to you for Pacer’s “legitimate interests” for the purposes of applicable law - except where overridden by the interests or fundamental rights and freedoms that require protection of Personal Data.

For example, the following areas include processing covered by Legitimate Interests, subject to applicable law:

Consent as a Basis for Processing

In some cases, we will ask for your consent to process your Personal Data. You may indicate your consent in a number of ways, including, as permitted by law, ticking a box (or equivalent action) to indicate your consent when (i) providing us with your Personal Data through our Services or a form (including enrolling in Promotions); or (ii) registering or creating an account with us. Due to different countries’ laws governing consent for the collection and use of Personal Data, the requirements for consent will differ across regions. We may request your consent for a number of activities including:

Marketing and Communication

We may ask for your consent to contact you by email or push notifications about other offers, products, Promotions, or services that we think may be of interest to you and for other marketing purposes.

Sharing with Third-Party Services

We may also ask for your consent to share your Personal Data with certain Third-Party business partners in order to offer certain goods, services, or programs. To withdraw consent, please go to the preferences of the specific third-party service or app.

Third-Party Marketing

We may ask for your consent to provide Personal Data to allow third parties to contact you regarding their products, services, Promotions, or offers. Typically this is in conjunction with a fitness challenge or race (your consent for third-party marketing is not required for participation). To withdraw consent, please go to the preferences of the specific third-party.

Collecting Mobile Device IDs, Advertising IDs, and Data from Sensors

When you use our Pacer App we may ask for your consent to collect these (this consent may be captured at the operating system level). To change your consent status for this data, please go to the preferences of the Pacer App. If you choose not to provide this information, certain features of the Services may be unavailable or not function properly.

Research

We may request your consent to use your Personal Data for Research purposes. We may also request your consent to contact you to determine your interest to participate in certain Research initiatives and to share identifying results. For market research, we may ask questions on behalf of business partners and share your response with business partners.

Advertising

We use cookies, pixels (including email pixels), mobile device and advertising IDs, and general location data, for purposes of interest-based and cross-app, cross-device advertising. The consent for which may be managed at the operating system level.

Transfer of Data

We transfer data to the United States and to other countries/regions for processing. We may request your consent for this transfer or the transfer, in other cases, may be justified by a legal basis other than consent.

Data Security

We employ reasonable protections for your information that are appropriate to its sensitivity. The Services use industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of personal information.

Please be advised, however, that we cannot fully eliminate security risks associated with the storage and transmission of Personal Data.

Data Retention

We keep your account information, like your name, email address, and password, for as long as your account is in existence because we need it to operate your account. We keep other information, like your exercise or activity data, until you use your account settings to delete the data or your account because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm.

Deleting Your Data

You have the right to delete your data. You may do so via the Pacer app in the settings page. Deletion requests will be completed within 30 days of receiving confirmation. Data that you have submitted to the community such as public routes will not be deleted, but your information will be entirely deleted from that data.

Contacting Us

You may contact us with any questions regarding your information or this policy at support@mypacer.com or at dpo@mypacer.com